Simone Lawson
The United States Constitution has had a profound impact on legal thinking and government models worldwide. Its influence is evident in the trans-national history of ideas, foreign translations, and exchanges between Americans and their global counterparts. The US Constitution's principles of popular sovereignty, separation of powers, recognition of individual rights, and judicial review have inspired constitutional developments in other nations. European Enlightenment thinkers like Montesquieu and John Locke influenced the framers' understanding of unalienable rights and the structure of the Constitution. The Magna Carta's notion of checks and balances also played a pivotal role. The US Constitution's impact can be seen in the decolonization movements of the 20th century, with former European colonies adopting federal and parliamentary models of government. The influence of the US Constitution has shaped global constitutionalism and contributed to the spread of democratic ideals and practices.
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What You'll Learn
The Magna Carta
The Founding Fathers of the United States admired the rebellious nature of the Magna Carta against the English throne. They drew inspiration from this medieval pact when drafting the nation's founding documents, including the Declaration of Independence, the Constitution, and the Bill of Rights. The Founding Fathers viewed the Magna Carta as a symbol of liberty and the natural rights of man against an oppressive or unjust government. They believed it represented an ancient pact safeguarding individual liberty.
The influence of the Magna Carta was felt at the Philadelphia Constitutional Convention in 1787, when the principles of due process and individual liberty were enshrined into law. The Bill of Rights, comprising the first 10 amendments to the United States Constitution, reflects the legacy of the Magna Carta. Amendments five through seven set ground rules for a fair and speedy jury trial, while the Eighth Amendment prohibits excessive bail and fines, echoing the 20th clause of the Magna Carta.
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The Enlightenment
During the Enlightenment, Europeans were exposed to diverse world civilizations through maritime voyages and trade, fostering a prosperous middle class and a flourishing of new ideas. This era challenged traditional monarchical and aristocratic systems, giving rise to Enlightenment thinkers whose concepts would shape American governance.
One of the key Enlightenment influences on the Constitution was the concept of a mixed government, advocated by thinkers like Montesquieu. This concept, reflected in the creation of a bicameral legislature, combines elements of monarchy, aristocracy, and democracy to balance powers and protect individual liberties. Montesquieu's idea of dividing government authority into executive, legislative, and judicial branches to prevent tyranny also influenced the checks and balances system in the Constitution.
The writings and actions of Thomas Jefferson, James Madison, and Benjamin Franklin also reflected the influence of Enlightenment principles. Thomas Jefferson, the principal author of the Declaration of Independence, drew from John Locke's theory of natural rights, including the rights to life, liberty, and property. James Madison, often considered the "Father of the Constitution," was influenced by Montesquieu's ideas on the separation of powers. Benjamin Franklin, engaged with Enlightenment ideas of reason and empiricism, contributed to the drafting of the Constitution, reflecting his belief in a rational and balanced approach to governance.
In conclusion, the Enlightenment played a pivotal role in shaping the ideological and structural framework of American governance. The Constitution, through the influence of Enlightenment thinkers, established a system of checks and balances, separation of powers, and recognition of individual rights, marking a departure from the rule of monarchs and a step towards a government that serves its people.
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State constitutions
In the United States, each state has its own written constitution. These constitutions are much longer than the United States Constitution, which only contains 4,543 words. State constitutions are all longer than 8,000 words because they are more detailed regarding the day-to-day relationships between the government and the people. The shortest is the Constitution of Vermont, adopted in 1793, which is 8,295 words long. The longest was Alabama's sixth constitution, ratified in 1901, about 345,000 words long, but it was rewritten in 2022.
The first Constitution of the State of New Hampshire, adopted on January 5, 1776, was the first written constitution for an independent state in the New World and set the stage for the United States Declaration of Independence the following summer. The Constitution of Massachusetts is currently the world's oldest written constitution that is still in effect.
The Territory of Guam does not have its own constitution but operates under the Guam Organic Act of 1950 and other federal statutes. The United States Virgin Islands, an unincorporated organized territory, does not have its own constitution, instead operating under various federal statutes, including the Revised Organic Act of the Virgin Islands of 1954.
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Independence from Britain
The US Constitution was a landmark event in the history of governments, as it introduced novel governmental doctrines and practices, such as checks and balances, separation of powers, and defining said powers. It also allowed for a representative government, which was practically non-existent in the 18th century. The US Constitution was a direct result of the country's independence from Britain, as the Founding Fathers wanted to ensure that their young democracy was free from foreign influence.
The Declaration of Independence, which was strongly influenced by de Vattel's "The Law of Nations", expressed the ideals on which the United States was founded and the reasons for its separation from Great Britain. The Thirteen Colonies and the Kingdom of Great Britain had been at war for over a year by the time the Declaration of Independence was adopted in July 1776. Relations had been deteriorating since 1763, with the British Parliament enacting measures to increase revenue from the colonies, including the Stamp Act of 1765 and the Townshend Acts. Colonists argued that Parliament had no right to levy taxes upon them without their consent and that these acts violated their liberties as British citizens.
The Founding Fathers also took inspiration from the Magna Carta, which was seen as a symbol of liberty and the natural rights of man against an oppressive government. The principles of due process and individual liberty, fought for in the Revolutionary War, were enshrined into law in the Constitution. The Founding Fathers wanted to preserve their constitutional rights, not overthrow the British government, and saw the Constitution as a way to safeguard individual liberty and limit the power of rulers.
The US Constitution has had a significant global impact, influencing later constitutions and legal thinking, particularly in emerging nations. Its influence can be seen in the similarities of phrasing and entire passages in other constitutions, as well as in the principles of the rule of law, separation of powers, and recognition of individual rights. The US Constitution's impact on legal thinking has been profound, and it continues to inspire calls for political reform and democratic government worldwide.
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Checks and balances
The US Constitution divides the government into three branches: the legislative, executive, and judicial. The separation of powers is a celebrated feature of the Constitution, developed over the course of many centuries. The idea of checks and balances is to ensure that no one branch becomes dominant and accumulates too much power.
The legislative branch makes laws, but the President in the executive branch can veto those laws with a Presidential Veto. The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional. The executive branch, through Federal agencies, enforces and administers Federal laws.
The legislative branch can also override a Presidential veto by passing the law with a two-thirds majority. Congress must approve the appointment of Federal judges, which gives them influence over the judicial branch. The judicial branch can declare acts of the President unconstitutional, removing them from the law. They can also declare laws passed by Congress to be unconstitutional in whole or in part.
The people of the United States have powers given to them by the Constitution that allow them to check the Federal government. The people can bar a constitutional amendment if 3/4 of the states refuse to ratify it. They can also vote for their Representatives every 2 years and their Senators every 6 years, which indirectly influences the Judicial branch.
The media also acts as a check on the executive and the political system, scrutinising politicians and public officials, and providing a balance by ensuring a wide range of views are heard. Civil society acts as a check and balance, allowing for politicians' actions and proposals to be scrutinised by expert groups outside government and parliament.
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Frequently asked questions
The US Constitution was influenced by several sources, including the English Bill of Rights, the Magna Carta, the English common law, and the Enlightenment rationalism.
The European Enlightenment thinkers like Montesquieu and John Locke influenced the ideas of unalienable rights and the separation of powers.
The state constitutions influenced the US Constitution by highlighting the tension between state sovereignty and a robust central government. The framers sought to balance state rights with a stronger federal framework.
The Bill of Rights was influenced by the Virginia Declaration of Rights, written by George Mason, the English Bill of Rights, the Magna Carta, the Petition of Right, and the Massachusetts Body of Liberties.
The US Constitution had a significant global impact on legal thinking and emerging nations. Former European colonies, including those in Africa, referenced the US Constitution when developing their own freely elected governments, emphasising the rights of man and the separation of powers.
